TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
February 10, 1997
A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:37 PM by Council President Fred
Pease. The following members were present:
Paul A. Robertson, Vice-President
Richard A. Hines
Mark E. Liberati
Steven M. McInnis
Also present were:
Frances H. Shocket, Town Administrator
Theresa C. Donovan, CMC, Town Clerk
Steven J. Goslee, Public Works Director
Arthur J. Christman, Fire Chief
Betty Hubbard, Planning Commission Chair
J. Christopher Powell, Conservation Commission Chair
James A. Donnelly, Esq., Town Solicitor
AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS
Conanicut Yacht Club: Council President Pease announced that William
Burgin, Commodore of CYC, called just before meeting and said he would not
be able to attend this meeting, and asked that discussion regarding CYC's
proposed land swap be deferred. James Hyman, Esq. was present. Council
consensus: Continue to February 24..
CONSENT AGENDA
Motion by Councilor McInnis, seconded by Councilor Hines to approve items
#3 through 7 of the consent agenda.
So voted. The amended consent agenda consisted of:
3) Copy of minutes of Boards and Committees
a) Zoning Board of Review (12/17/96)
b) Jamestown Housing Authority (01/08/97)
4) Resolutions from Other Municipalities
a) Educational Financial Support
i) City of Cranston
ii) Town of Smithfield
5) CRMC notice/finding of no significant impact: David Laurie (15
Dumplings Drive; Plat 10, Lot 17) re: reshingle siding, replace windows,
repair rotted exterior
6) Letter from the RI Department of Administration, Office of Municipal
Affairs re: notice of proposed property tax rate change for fiscal year
1997-98
7) Notice of public hearing from the State Planning Council (02/20/97)
re: RI Energy Plan
1) Adoption of Council minutes: 01/21/97 (parking work session):
Councilor Hines asked for the status of the minutes of the January 27
meeting; Ms. Donovan indicated they were not completed in time for the
packet distribution.
2) Bills and payroll: Ms. Shocket and Mr. Goslee clarified several items
for Councilor Hines.
Motion by Councilor Hines, seconded by Councilor McInnis to approve
consent agenda items #1 and 2. So voted.
EXECUTIVE SESSION ANNOUNCEMENT
Councilor Robertson requested executive session, as scheduled, to discuss
real estate under the provisions of RIGL 42-46-5(a)(5).
(No objection to the request.)
OPEN FORUM
1) Scheduled Requests to Address (none)
2) Non-Agenda Requests to Address
Mary Webster: I found out 2 days ago that all of the electrical
preparation work being done on the Newport Bridge is to replace all
existing lighting fixtures with sodium vapor units; my husband and I are
asking Council to open communications to determine the type and intensity
of these lights.
Donald Richardson: They were running wires for a new telephone
system.
Ms.Webster: I understood it was that, and for sodium vapor lights.
Council consensus: Ms. Shocket is to contact Charles Moretti, director of
RI Turnpike and Bridge Authority.
Ellicott Wright: Several of us are here from the Jamestown Substance Abuse
Prevention Task Force regarding our proposal for a No Smoking Ordinance.
(Letter under Communications; Council consensus: address at this
point.) Michael Lichtenstein: The Task Force promotes programs to reduce
and prevent substance abuse; we have received many comments that the
Jamestown Community Playground on North Road has become one big ashtray;
we hope to target this public recreation area as a smoke free area.
Councilor McInnis: We could consider a broader approach, as
Portsmouth has.
Councilor Hines: What is the policy at the school? Mr. Lichtenstein:
Smoking is prohibited on school grounds; we have suggested a 10' perimeter
around the playground.
Councilor McInnis: Portsmouth's ordinance includes the 10' perimeter;
in this case, that would still be Town property.
Motion by Councilor McInnis, seconded by Councilor Hines to ask the
Solicitor to draft an ordinance, based upon the example of Portsmouth's,
for review on February 24.
Council President Pease: We also received a late communication from
Nancy Mercurio supporting this proposal. Motion so voted.
Robert W. Sutton, Jr.: My letter to Council appears under Communications;
recent events have me concerned that the Town is left without a coherent
policy on extension of water service, and I am also concerned about the
implications of drilling wells at the north end to serve increased density
at the southern end of the island.
Motion by Councilor McInnis, seconded by Councilor Robertson to move
Communication #2 to this point for discussion.
So voted. Councilor McInnis: Since our last meeting, it was
discovered that there is one additional set of minutes from a Water and
Sewer Commissioners meeting, during which we actually voted to amend the
consent agreement in question; the Clerk will have public copies available
tomorrow.
Motion by Councilor McInnis, seconded by Councilor Robertson that the
Solicitor be hereby authorized to review and describe the chronological
events of this case for the public record.
So voted. Solicitor: John Quattrocchi III and James R. Quattrocchi
own 2 lots, one with frontage on Hamilton Avenue (Plat 9, Lot 635) and one
which is land locked, contiguous and south of it (Plat 9, Lot 529); in
January 1985, they filed an application with the Planning Commission
[Commission] to subdivide that property; in February 1985, they had a
preapplication conference; in March 1985, their application went to the
Board of Water and Sewer Commissioners [Board] for water and sewer
connections for all 10 lots; there was never any question of available
utilities with the frontage lot, only for those behind it; 3 months later,
the Board acted by voting to deny water and sewer by a vote of 4 in
favor, none opposed and Council President McIntyre abstaining; the
applicants requested rehearing; in the meantime, they were making
applications to the State of individual sewage disposal systems (ISDS);
they continued to keep the boards informed; in September 1985, the
Quattrocchis made another request, based upon hardship regarding the ISDS
applications and failed wells in the area; concurrently, other requests
were being made for water and sewer service (ie.
Jamestown Estates, Bolton, Yashar); in February 1986, the Commission
gave approval for the subdivision conditional upon obtaining a performance
bond and water and sewer; the only thing left was RIDEM approval of ISDSs;
then, there was a March 1986 memorandum from the Quattrocchis to the Board
that, based upon the precedent established by Jamestown Estates, wanted to
make a contribution for sewer extension; that was put on the agenda for
the April 1986 Board meeting; I have read the stenographic transcript of
that meeting, and there was an apparent meeting of the minds of all
parties at that meeting; an agreement was made for $5,000 per lot for
sewer, with consideration for a restrictive covenant for a 3-bedroom limit
on each house; they were not asking for water any more at that point; it
was continued to the next Board meeting to finalize all on paper; one
month later, an agreement was prepared by the former Solicitor and former
Town Administrator with additional terms, one of which stating it would be
unlawful for them ever to appear before the Board again asking for water,
which would be a covenant running with the land, required of all
successors in interest; the Quattrocchis had not yet seen it; when they
did, they balked; shortly thereafter, the Quattrocchis filed suit in
Newport Superior Court; I came on as Solicitor in January 1992; this
litigation was passed on to me after years in the hopper; they asked for
injunctive relief and for damages; it went to trial in October 1993;
various exhibits were put forth; from the adoption of the regulations in
July 1986, there had been a number of hookups of water to areas on
Highland Drive; the Quattrocchis said they were being treated differently
from those owning property around them; Judge Hurst heard the case without
a jury; after several days, she called a conference stating where she was
going so the parties could have an opportunity to fashion their own
remedy; she said she would grant
Mr. Powell: Has a precedent been set? Councilor Robertson: We try to
adhere to existing policy.
Councilor McInnis: This particular case had been in litigation for so
long; the additional issues made this troubling, such as their contention
that they were not being treated fairly; I would argue that this was a
unique situation.
Councilor Liberati: Before hearing another application, Council
should reaffirm its policy.
Councilor McInnis: Put it on the next Water and Sewer Commissioners
agenda (Tuesday, February 18; Ms. Shocket to handle).
Jerry L. McIntyre, Esq.: When I was on the Council, the whole issue of
extensions was foremost on our minds; I believe there was a lapse in
institutional memory; our Council had assiduously adhered to policy, with
few exceptions, and even those were before the Judge when she made here
decision; I am concerned for the precedent being set by this action; it
will be difficult to deny future extensions beyond the urban district;
there could well be a request for extension into the neighboring 80 acres;
rethink your decision in its entirety; reconsider and perhaps rescind your
vote; even if they sue, that is the price of doing business in Jamestown.
Councilor McInnis: The minutes of May 15, 1995 clearly stated that
the Board authorized the Solicitor to enter into an agreement and amend
the consent decree accordingly.
Solicitor: The Town entered into the agreement; it cannot be
reversed. Mr. McIntyre: I think you can reverse it; you made a mistake.
Motion by Councilor McInnis, seconded by Councilor Robertson to make
public the minutes of the May 15, 1995 Board of Water and Sewer
Commissioners meeting. So voted.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administrator's Report (attached hereto)
Additionally:
Trash Barrels: Motion by Councilor McInnis, seconded by Councilor
Robertson to authorize the purchase of trash barrels for East Ferry for a
total of $6,000, with 50% of the cost coming from the OSCAR grant, and the
matching funds to come from the waste removal budget. So voted.
Aquaculture Proposal: There was discussion of the preliminary
determination meeting; Ms. Shocket will keep Council apprized.
Country Club Restaurant Lease: Ms. Shocket: The only bid we received was
unacceptable; the current lessee is disposing some of his equipment that
is on the premises; we might need to consider what to do with ours.
Council President Pease: Charles Masso (one of the lessees) has had
offers to buy all of the equipment; we should make a decision.
Ms. Shocket: We do have an inventory; we only advertised the request
for proposals in the Jamestown Press; I also wrote to the other bidders
that had expressed interest in both the restaurant and golf course
facilities, but received no responses.
Councilor Hines: Even if someone ends up running it as a restaurant
again in the future, they would probably want new equipment; ask Mr. Masso
to give us an appraisal of what is in there.
Council consensus: Ms. Shocket is to pursue the matter with Mr.
Masso.
2) Copy of letter from Town Clerk re: Quattrocchi property (Plat 9, Lots
529 and 635) "Mackerel Heights" fka Mackerel Cove Heights (released
minutes) (noted)
3) Harbor Management Commission: Motion by Councilor McInnis, seconded
by Councilor Robertson to reappoint David C. Pritchard as the commercial
fishing industry representative for a 3 year term, term ending December
1999. So voted.
4) Board of Canvassers: Council President Pease nominated Dolores M.
Christman for reappointment for a six year term, term ending March 2003.
Nomination seconded by Councilor Hines. So voted.
UNFINISHED BUSINESS
Planning Commission re: proposed Open Space amendment to Zoning Ordinance
(continued from 01/27/97): (Late memorandum received from Conservation
Commission regarding OS-I and OS-II line of demarcation on Plat 7, Lot
28) Councilor McInnis: Council had thought the Ss (special exception)
should be changed to Ys (allowed) regarding public property.
Mr. Powell: The S designation guarantees public input, which is more
comforting to the citizenry.
Councilor McInnis: I think it adds an unnecessary judicial step.
Ms. Hubbard: We felt it would the final step that would follow the
normal course of work sessions.
Councilor McInnis: It is unnecessary.
Councilor Liberati: The Zoning Board versus the Council is sort of
quasijudicial versus political.
Motion by Councilor McInnis, seconded by Councilor Hines to ask the
Solicitor to draft an amendment to the Zoning Ordinance along the lines
suggested by the Planning Commission and the change submitted tonight by
the Conservation Commission, and to change the Ss to Ys in those
categories identified by Council previously for our next meeting (February
24). Councilor Liberati: I endorse the Planning Commission's proposal.
Motion so voted. Richard Allphin: Has wording been drafted regarding the
Zoning Officer's decisions on minor requests? Solicitor: No; we were
planning to address all of the proposed amendments at once.
COMMUNICATIONS
Motion by Councilor McInnis, seconded by Councilor Robertson accept items
#2, 4 and 5. So voted.
2) Letter from Robert W. Sutton, Jr. re: Quattrocchi property
4) Letter from the Jamestown Substance Abuse Prevention Task Force re:
proposed ordinance prohibiting smoking at the Jamestown Community
Playground and within ten feet of its perimeter
5) Letter and pamphlet from the Newport County Community Mental Health
Center, Inc. re: budget request for fiscal year 1997-98
1) Letter from Elizabeth Siegel, daughter of Walter L. Marley, a former
Fire Chief re: memorabilia
Chief Christman: One of our members has been e-mailing Ms. Siegel; we will
be getting all of the items listed in the letter, and more; the original
ornamental eagle from our steamer is there; when the steamer was once
housed in Newport, the eagle disappeared and there followed accusations
about theft, etc.; the eagle was apparently in Mr. Marley's possession and
will be returned; all items are to be donated; Mr. Marley was once with
the fire department, but he was never a chief; Kenneth Caswell will be
going there to retrieve the items.
3) Letter from the East Passage Estates Lot Owners' Association re:
street signs
Motion by Councilor McInnis, seconded by Councilor Robertson to send the
permission of the Town to the Association for them to purchase and erect
the signs, subject to the approval of the Public Works Director and Fire
Chief as to specific design. So voted.
Motion by Councilor McInnis, seconded by Councilor Robertson to accept
items #1 and 3. So voted.
NEW BUSINESS
1) William L. Burgin representing the Conanicut Yacht Club re: land swap
proposal
(Continued to 2/24)
2) Private Investigator license renewal applications: Motion by
Councilor McInnis, seconded by Councilor Liberati to approve the renewal
of the following licenses, contingent upon resolution of taxes and debts,
and obtaining the signatures of all appropriate local officials. So voted.
Applicant
Malcolm Brown
Santino Campo
Robert Janelle
Ronald Lewis
3) Peddlar license renewal applications: Motion by Councilor Robertson,
seconded by Councilor McInnis to approve the renewal of the following
licenses, contingent upon resolution of taxes and debts, and obtaining the
signatures of all appropriate local officials. So voted.
Applicant
A. B. Munroe Dairy
Del's of Jamestown (mobile unit)
Motion by Councilor Robertson, seconded by Councilor McInnis to table the
following applications until February 24 to allow them time to submit
proof that their units were utilized for sufficient duration during the
last season to comply with Council's policy. So voted.
Applicant
Jamestown Oyster Bar (mobile unit)
Spinnaker's Cafe (mobile unit)
4) Sunday Sales license renewal applications: Motion by Councilor
Robertson, seconded by Councilor Hines to approve the renewal of the
following licenses, contingent upon resolution of taxes and debts, and
obtaining the signatures of all appropriate local officials. So voted.
Applicant
Antique's of Jamestown
Baker's Pharmacy
Bay Voyage Dining
Chopmist Charlie's
Conanicut Hardware
Cumberland Farms Store #1108
Frick's at the Bay View
Gallery (The)
Hodgkiss Farm
Jamestown Designs
Jamestown Oyster Bar (Restaurant)
Jamestown True Value Hardware
Kingfisher Seafood
McQuade's Laundromat
McQuade's Supermarket
North End Antique's
North End Bargain Center
Portuguese American Citizen's Club
Schoolhouse Cafe
Trattoria Simpatico, Inc.
Video Showcase
Village Casuals
Motion by Councilor McInnis, seconded by Councilor Hines to approve the
renewal of the following licenses, contingent upon resolution of taxes and
debts, and obtaining the signatures of all appropriate local officials.
So voted by 4 in favor, none opposed and Councilor Robertson
abstaining.
Applicant
Central Garage
Jamestown Xtra Mart
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewal of the following licenses, contingent upon resolution of taxes
and debts, and obtaining the signatures of all appropriate local
officials.
So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.
Applicant
Ocean State Scuba
Secret Garden
Motion by Councilor Liberati, seconded by Councilor Robertson to approve
the renewal of the following licenses, contingent upon resolution of taxes
and debts, and obtaining the signatures of all appropriate local
officials.
So voted by 4 in favor, none opposed and Councilor McInnis
abstaining.
Applicant
Dutch Harbor Boatyard, Inc.
The Conanicut Store (Conanicut Marine Services)
Jamestown Boat Yard
5) Trash Collector license renewal applications: Motion by Councilor
McInnis, seconded by Councilor Robertson to approve the renewal of the
following licenses, contingent upon resolution of taxes and debts, and
obtaining the signatures of all appropriate local officials. So voted.
Applicant
Island Rubbish Service, Inc.
Waste Management of RI, Inc.
EXECUTIVE SESSION
Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:45 PM.
So voted. Council returned to regular session at 10:26 PM. Motion by
Councilor McInnis, seconded by Councilor Robertson to seal the minutes of
the executive session to the public. So voted.
ADJOURNMENT
There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Hines to adjourn at 10:27 PM. So voted.
Attest:
Theresa C. Donovan, CMC
Town Clerk
cc: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation